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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Basic facts
A. 1) The Plaintiff’s husband C on August 9, 2016, which was owned by the Defendant from the Defendant, on August 9, 2016 (hereinafter “instant real estate”).
(2) On August 10, 2016, after concluding the above sales contract, C knew that the provisional attachment registration consisting of the creditor F, claim amount 2,920,000,000 won (hereinafter “provisional attachment”) was completed on October 30, 1996 in accordance with the provisional attachment order (No. 96Kadan6232), and expressed its intent to cancel the above sales contract on August 10, 2016.
3) On August 19, 2016, the Defendant sold the instant real estate and the instant E real estate to the Plaintiff in KRW 89 million, and a contract under which the Plaintiff deducteds KRW 30 million from the sales price due to expenses for provisional attachment cancellation, removal of illegal buildings, etc. (hereinafter “instant sales contract”).
(B) On August 31, 2016, after concluding a new contract, the Plaintiff received KRW 49 million from the Plaintiff on August 19, 2016, and completed the registration of ownership transfer for each of the above real estate on August 31, 2016. (b) The F, a provisional attachment creditor of the instant real estate, filed an application for payment order against G, who is the former owner of the instant real estate, following the conclusion of the instant contract, as the Busan District Court’s Netcheon Branch Branch 2016 tea2052, and received payment order from the said court on October 21, 2016, and the said payment order became final and conclusive on November 8, 2016.
2) Next, on December 30, 2016, upon receipt of the above payment order, F applied for a compulsory auction of the instant real estate to Gwangju District Court Hacheon Branch H on December 30, 2016, and the Plaintiff was awarded the said real estate auction at the above auction procedure by I and J on June 26, 2017. 3) In the above auction procedure, the Plaintiff was awarded the said real estate auction against F from the sale price of the said real estate.